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4/2025: Artikler
11/12/2025

United Nations Convention against Cybercrime and The Signing Ceremony

By Stein Schjølberg, retired Chief Judge.

Illustrasjon: Colourbox.com

The adoption of the Convention against cybercrime

1.1.The background

The General Assembly adopted on 27 December 2019 a Resolution(1)See https://undocs.org/A/Res/74/247 on the report of the Third Committee of 25 November 2019 Countering the use of information and communications technologies for criminal purposes. The General Assembly adopted the Resolution with 79 countries voted in favour, and 60 countries voted against, with 30 countries abstained. The Resolution included to establish an open-ended Ad Hoc intergovernmental committee of experts, representative of all regions, to elaborate a comprehensive international convention on countering the use of information and communications technologies for criminal purposes. It was decided in 2020 that the UNODC, shall serve as Secretariat for the Ad Hoc Committee. Because of the situation concerning the coronavirus disease (COVID-19), the Ad Hoc Committee began its work in 2021. Six sessions was held from January 2022 until august 2023, with the participation of member States and invited extern delegates. The Concluding Session was held from 29 January until 9 February 2024. The General Assembly decided on 24 April 2024 that a Reconvened Concluding Session, should be held from 29 July to 9 August 2024. A proposal was presented under the Reconvened concluding session on 7 August 2024. The proposal was agreed upon with acclamation on 8 August 2024. With the background on the discussions in more than two years in the Ad Hoc committee, the agreement was certainly a surprise.(2)See https://www.unodc.org/unodc/en/cybercrime/cybercrime-adhoc-committee.html

United States made the following statement to the proposal from the Ad Hoc Committee:(3)See https://www.unodc.org/unodc/en/cybercrime/ad_hoc_committee/ahc_reconvened_concluding_session/main Our committee has adopted a Convention against Cybercrime that reflects universal values and U.S. interests, including focused criminalization provisions, robust and flexible provisions on technical assistance, and strong provisions to safeguard human rights that are unprecedented in a UN criminal justice convention.

This compromise text, adopted by consensus, represents the hard work of many member states, informed by countless civil society, industry, and other stakeholder views, and the United States hopes that it reflects a durable commitment to combatting cybercrime under a rights-respecting framework.

We welcome the Committee’s adoption of the UN Convention Against Cybercrime as a rights-respecting criminal justice instrument for the 21 st century and beyond.

The draft convention was on 19 August 2024 sent to the United Nations General Assembly,(4)See https://documents.un.org/doc/undoc/gen/v24/056/82/pdf/v2405682.pdf and was discussed by the United Nations Third Committee. The Third Committee recommended to the General Assembly the adoption of a draft resolution without a vote on 11 November 2024. The Report from the Third Committee was sent to the General Assembly on 27 November 2024.(5)See https://documents.un.org/doc/undoc/gen/n24/372/04/pdf/n2437204.pdf

We welcome the Committee’s adoption of the UN Convention Against Cybercrime as a rights-respecting criminal justice instrument for the 21 st century and beyond

1.2. A Resolution was adopted by the General Assembly on 24 December 2024.

The Resolution United Nations Convention against Cybercrime was adopted without a vote,(6)See https://docs.un.org/en/A/RES/79/243 and opens it for signature in Hanoi in 2025 and thereafter at United Nations Headquarters in New York until 31 December 2026. The Resolution urges all States and competent regional economic integration organizations to sign and ratify the Convention as soon as possible to ensure its rapid entry into force.

The Convention consists of a Preamble and nine chapters:

  • Chapter I General provisions

  • Chapter II Criminalization

  • Chapter III Jurisdiction

  • Chapter IV Procedural measures and law enforcement

  • Chapter V International cooperation

  • Chapter VI Preventive measures

  • Chapter VII Technical assistance and information exchange

  • Chapter VIII Mechanism of implementation

  • Chapter IX Final provisions

The Resolution includes that the Ad Hoc Committee shall continue its work for Additonal Protocols, with a view to negotiating a draft protocol supplementary to the Convention, addressing inter alia, additional criminal offences as appropriate.

The Resolution also includes that the Ad Hoc Committee shall be holding Sessions on Conference of the States Parties to the Convention. The Sessions shall have a duration of up to five days in Vienna, one year after the adoption of the Convention, to prepare the draft text of the rules of procedure of the Conference of the States Parties to the Convention.

The General Assembly has decided that 24 December shall be designated The International Anti-Cybercrime Day, in order to raise awareness of cybercrime and of the role of the Convention in combating and preventing it.

The Convention includes in Article 65 that it shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization.

A press release was published, titled: UN General Assembly adopts landmark convention on cybercrime.(7)See https://www.unodc.org/unodc/en/press/releases/2024/December/un-general-assembly-adopts-landmark-convention-on-cybercrime.html

1.3. International organizations statements on the convention against cybercrime

INTERPOL welcomes on 23 December 2024, the adoption of UN convention against cybercrime, including as follows:(8)See https://www.interpol.int/News-and-Events/News/2024/INTERPOL-welcomes-adoption-of-UN-convention-against-cybercrime

The convention recognizes the essential role of INTERPOL’s law enforcement network in facilitating international cooperation through the rapid and secure exchange of information on “computer-related crime” and other related criminal offences.

Yale University Law School, USA, organized a panel discussion on 25 March 2025: The U.N. Cybercrime Convention — Hearing from the Drafters.(9)See https://law.yale.edu/yls-today/news/panel-shares-insights-drafting-new-un-cybercrime-treaty

A group of experts involved in drafting the United Nations treaty on cybercrime participated in the discussions.

Thomas Burrows, a former associate director at the U.S. Department of Justice, and member of the U.S. delegation to the negotiations, gave an insider’s view of the Convention’s overarching goals. He retired in February 2025 after handling extradition and mutual legal assistance (MLA) matters including cybercrimes. He said he believes the 11 core offenses under the new treaty provide standards for countries to align their domestic legislation and avoid dual criminality challenges. This will enable stronger extradition and legal assistance cooperation. Burrows also outlined how preparation for the negotiations fostered a consensus among the majority of delegations. He cited the need to strengthen capacity in developing countries to ensure the treaty’s eventual success.

Anthony V. Teelucksingh, also a member of the U.S. delegation to the negotiations, a former senior counsel at the U.S. Department of Justice, but retired in February 2025. He praised the process’s speed but cautioned that governments must also think about strengthening their capacity to address cybercrime. He also commented on the Convention’s recognition of the principle of passive personality jurisdiction, which allows states to assert jurisdiction when their nationals are victims of cybercrime abroad.

Alexander Seger, representing the Council of Europe, explained that the parties to the Budapest Convention decided to engage in the treaty process to ensure consistency of the U.N. treaty with the Budapest Convention and to address inclusion of the minimum human rights safeguards necessary for cooperation. Both objectives were achieved, and both treaties are broadly consistent and complement each other, he said.

John Brandolino, UNODC, highlighted issues confronted during the drafting process, including differences over surveillance authority, asset-sharing formulas, and the precise ambit of criminalized conduct. According to Brandolino, the finished product is a thoughtful compromise.

UNODC has presented the main chapters of the Convention.(10)See https://www.unodc.org/unodc/en/cybercrime/convention/convention-against-cybercrime-chapters.html UNODC has also published Five reasons why the new Cybercrime Convention matters:(11)See https://www.unodc.org/unodc/frontpage/2024/December/five-reasons-why-the-new-cybercrime-convention-matters.html

  1. A new tool for a growing threat,

  2. Around the clock cooperation,

  3. Protecting children,

  4. Responding to victims’ needs, and 5. Improved prevention

The European Union Commission proposed on 16 July 2025, the Council to sign and conclude the United Nations Convention against Cybercrime, and included:(12)See https://home-affairs.ec.europa.eu/news/commission-proposes-sign-and-conclude-un-convention-against-cybercrime-2025-07-16_en

First, as a UN instrument, the Convention has a wider reach in terms of membership than existing EU and international instruments. In this respect, it is similar to previous UN instruments on cooperation in criminal matters of almost universal adoption, such as UNTOC and UNCAC. It can thus enable enhanced cooperation against cybercrime at a global scale.

Second, the Convention is inspired by the Budapest Convention’s criminalisation provisions, which can further enhance cooperation based on a long-standing and tested legal framework.

2. The Signing Ceremony in Hanoi on 25-26 October 2025

The Signing Ceremony was held in Hanoi, Vietnam, on 25-26 October 2025. More than 2.500 delegates from 119 countries participated at the conference.

The Signing Ceremony was opened by the President of Vietnam State President Luong Cuong on 25 October 2025, and the opening remarks included:(13)See https://hanoiconvention.org/vietnamese-state-presidents-welcome-remarks-at-signing-ceremony-of-un-convention-against-cybercrime/

On behalf of the State and people of Vietnam, I warmly welcome you all to Hanoi – the City for Peace, to attend the Signing Ceremony of the United Nations Convention Against Cybercrime — a historic event marking the beginning of a new era of global cooperation in cyberspace.

For Vietnam, today’s Signing Ceremony of the United Nations Convention against Cybercrime is not only a great honor, but also a responsibility to the international community. Guided by its foreign policy of independence, selfreliance, peace, cooperation, and development, diversification and multilateralisation of external relations, and as an active, reliable, and responsible member of the international community, Vietnam has, over the past five years, worked closely with other countries throughout the negotiation of this Convention.

The UN Secetary-General Antonio Guterres also made opening remarks. He described the UN Convention against Cybercrime, the Hanoi Convention, as a powerful, legally binding instrument to strengthen collective defences against cybercrime. His remarks included:

I am honoured to join you here in Hanoi on this historic occasion.

I would like to thank Vietnam for hosting this signing ceremony and for its leadership in bringing us together.

Until now, the world has lacked a common legal framework to unite our efforts.

But after five years of complex negotiations, Member States have delivered the first criminal justice treaty in more than two decades.

The UN Cybercrime Convention is a powerful, legally binding instrument to strengthen our collective defences against cybercrime.

It is a promise that fundamental human rights such as privacy, dignity, and safety must be protected both offline and online.

Executive Director of the United Nations Office on Drugs and Crime (UNODC) Ghada Waly also delivered opening remarks, including as follows:

The road has been long and challenging. Over 420 hours of formal negotiations and countless hours of informal negotiations involving more than 150 Member States and enriched by 160 stakeholders from international organisations, NGOs, academia, and the private sector.

The result is a resounding statement that multilateralism still works, and that the international community is serious about cybercrime.

The United Nations Convention against Cybercrime was signed at the formal Signing ceremony on 25 October 2025, by 64 States in the following order:

Vietnam, The Maldives, Algeria, Australia, Azerbaijan, Belarus, Belgium, Brazil, Burkina Faso, Cambodia, Chile, China, Costa Rica, Cuba, Czech Republic, Republic of Korea, Congo, Djibouti, Dominican Republic, Ecuador, Egypt, European Union, Ghana, Greece, Guinea-Bissau, Iran, Ireland, Jamaica, Laos, Libya, Luxembourg, Malaysia, Morocco, Mozambique, Nicaragua, Nigeria, Palau, Peru, Philippines, Poland, Portugal, Russian Federation, Slovakia, Republic of South Africa, Spain, Sri Lanka, State of Palestine, Sweden, Thailand, Togo, Turkey, Uganda, United Kingdom, Tanzania, Uruguay, Uzbekistan, Venezuela, Qatar, Brunei, Angola, Namibia, Austria, Nauru.

Additional 8 States signed later, and the Convention was then signed by 72 States at the end of the conference.(14)See https://www.unodc.org/unodc/frontpage/2025/October/seventy-two-nations-sign-first-un-treaty-to-fight-cybercrime--in-milestone-for-digital-cooperation.html

Speakers from 71 countries delivered their statements during the conference.(15)See https://hanoiconvention.org/statement/provisional-list-of-speakers-in-the-plenary/Many statements at the Signing Ceremony have been published.(16)See https://hanoiconvention.org/statements/

Australia made a statement, including as follows:

But global cooperation is vital.

That is why Australia is pleased to sign the UN Convention against Cybercrime here today in Hanoi.

This is the first-ever UN-endorsed instrument addressing cybercrime and the collection of electronic evidence.

It is a testament to the success of multilateralism and the UN’s role as a forum for solving problems that transcend borders.

The Convention will harmonise cybercrime legislation, strengthen investigation and cooperation, and narrow the operating space for organised crime groups.

It will eliminate unintentional safe havens and ensure a global uplift in capability.

And it will do so using a human rights-based approach to its implementation – to ensure our efforts to combat cybercrime do not come at the expense of the rights we seek to protect.

South Africa made a statement, including as follows:

No country can confront cybercrime alone. The exploitation of children online demands our urgent and coordinated action. As international cooperation lies at the heart of this convention, we must work collectively and exchange timeous information to prevent, detect and prosecute these crimes to ensure that victims receive the justice they deserve. As African countries accelerate digital transformation, they face increasing cyber threats that threaten developmental gains. It is therefore imperative that efforts to combat cybercrime be inclusive, responsive to diverse national contexts, and grounded in international cooperation. It is in recognition of these imperatives that South Africa took the decision to sign the United Nations Convention against Cybercrime.

United Kingdom made a statement, including as follows:

The agreement by consensus, of the text of the of the United Nations Convention against Cybercrime, just under a year ago, signalled a landmark moment for international cooperation on this critical and complex issue.

I am proud that the United Kingdom has signed the Convention here in Hà Nội, in line with our international efforts to combat cybercrime.

Cybercrime poses a serious and growing threat to every part of society, from private citizens to public institutions. It often targets our most vulnerable.

The UK stands ready to work with international partners to build resilience, share intelligence, and uphold a secure and open digital environment for all. We will support the effective establishment of the Conference of State Parties, working with Member States and expanding our close work with global stakeholders.

Cybercrime is a global challenge. We can only tackle these crimes if we work together. We look forward to making a start today.

Sweden made a statement, including as follows:

Sweden aligns itself to the statement delivered by the European Union on behalf of the European Union and its Member States and would like to deliver the following short statement in our national capacity.

Sweden is therefore proud and pleased to sign the United Nations Convention against Cybercrime and thereby showing our commitment in this joint fight. We were active in the negotiations of the Convention and will continue to be active in the next phases.

This Convention can complement already existing conventions and ways to cooperate in the fight against cybercrime. Inspiration can be taken from those previous experiences. We need to make sure that cybercriminals can have no safe haven globally.

The adoption of this Convention is a collective success for all UN members and shows the continued relevance and importance of multilateralism.

It incorporates important aspects of the rule of law and the respect for human rights. This is the basis for international cooperation that is one of the main purposes of the Convention. And also for the other tools provided by the Convention. We have all agreed that the Convention cannot be interpreted as permitting suppression of human rights or fundamental freedoms.

Luxembourg made a statement, including as follows:

First of all, I would like to highlight that as a member of the European Union, Luxembourg fully aligns itself with the statement that will be delivered by the European Union on behalf of the EU Member States.

Luxembourg welcomes the adoption and signature of the UN Convention against Cybercrime, a landmark achievement in the global fight against cybercrime.

Crimes perpetrated in cyberspace have far-reaching consequences on all actors of society, irrespective of their geographical location. Cybercrime impacts Governments, businesses and private individuals, inflicting lasting harm on its victims, especially on children. We therefore commend the efforts of our United Nations partners to reach consensus on a universal Convention to fight cybercrime.

The Convention thus sets a new standard for the fight against cybercrime on a worldwide level. It complements existing frameworks such as the UNTOC, UNCAC, and the Budapest Convention, and should fill a gap by reducing safe havens for cybercriminals.

United States made a statement, including as follows:

Recognizing our unique position as a major host of ISPs, the United States continues to review the UN Convention against Cybercrime. We note it is meant to provide law enforcement with critical tools, including expanded extradition mechanisms and enhanced opportunities to secure evidence from overseas jurisdictions.

We also note it is meant to strengthen International cooperation to combat the nonconsensual dissemination of imitate images and online child sexual exploitation, including grooming, child sexual abuse material, and sextortion.

As we engage in treaty-related discussions, we will not sit back and watch China, Russia, and others try to suppress freedom of expression or obtain data in a manner inconsistent with the obligations in the treaty. We will strongly condemn any efforts to misinterpret or seek to misuse the treaty as cover to unlawfully target U.S. citizens and businesses. We also strongly condemn the mischaracterization of lawfully adopted sanctions aimed at protecting our financial institutions.

The State Department confirmed on Monday 27 October 2025,(17)See https://therecord.media/us-declines-signing-cybercrime-treaty that the U.S. did not sign the treaty. “The United States continues to review the treaty,” a State Department spokesperson said in a brief statement. On 10 June 2025 a similar statement was presented.(18)See https://www.unodc.org/documents/Cybercrime/AdHocCommittee/RoP_session/Comments_by_MS_06062025/US_RoP_of_the_UN_Convention_against_Cybercrime_11_June_2025.pdf

Canada made a statement, including as follows:

On this milestone occasion, Canada reiterates its strong resolve to prevent and counter cybercrime. We welcome the Convention’s adoption by consensus in December 2024 and thank all those whose sustained efforts informed and produced this instrument: Member States, civil society, academia, independent experts, private sector entities, international organizations, and the United Nations Office on Drugs and Crime.

INTERPOL made a statement, including as follows:

INTERPOL is proud to have been part of the consultations and elaboration process that led to this achievement. The Convention holds profound significance for us and the global law enforcement community for two main reasons:

First, the Convention provides an enhanced legal and operational foundation for coordinated global action against cybercrime. It promotes harmonization in the criminalization of cyber offenses, sets procedural rules for sharing of electronic evidence and strengthens international cooperation, – prevention and technical assistance.

Second, the Convention anchors INTERPOL as a central platform for international cooperation, through direct references under Chapter Five of the Convention, specifically in articles 37, 40, 41 and 47. These articles cover the provisions on extradition, mutual legal assistance, law enforcement cooperation and 24/7 networks for police cooperation on computer-related crime.

Together, these elements reinforce INTERPOL’s role in supporting the Convention’s effective implementation worldwide.

The Council of Europe made a statement, including as follows:

We welcome the adoption of the Hanoi Convention and its opening for signature as an important political achievement that aligns closely with our Budapest Convention on Cybercrime.

This convergence underlines the significance of the Budapest Convention, which for twenty-five years has served as the most relevant international framework against cybercrime. The shared concepts and measures of both Conventions have great potential to strengthen global responses to this phenomenon.

Governments were encouraged to sign and implement the new UN Treaty in a manner consistent with the Budapest Convention and with the conditions and safeguards contained in this new instrument.

The Hanoi Convention also provides a unique opportunity to expand co-operation with States which are not Parties to the Budapest Convention.

The Hanoi Convention offers an important opportunity to reinforce global co-operation against cybercrime, in a way that complements the Budapest Convention.

The Alliance of NGOs on Crime Prevention and Criminal Justice made a statement, including as follows:

But the implementation of this Convention cannot be a task that falls on governments and law enforcement alone. It will require a transnational, transsectoral approach.

The Ad Hoc Committee was recognised for its inclusive approach to multi-stakeholder voices, including NGOs, civil society, the private sector, and academic institutions.

This model can also ensure that the Conference adheres to the principles of effectiveness, inclusivity, transparency, and efficiency outlined in Article 57(b), and to ensuring adherence to the vital safeguards included in the Convention to uphold human rights and the rule of law.

Active engagement and a meaningful integration of civil society, the private sector and academia, in the Conference of Parties, and in national implementation, will undoubtedly contribute to effective implementation, in line with the model and spirit of the Ad Hoc Committee.

UNODC made a short summary in a Press release, including:(19)See https://www.unodc.org/unodc/en/press/releases/2025/October/un-convention-against-cybercrime-opens-for-signature-in-hanoi--viet-nam.html

The Convention against Cybercrime seeks to respond to the growing threat posed by cybercrime, acknowledging that the misuse of information and communications technology is enabling crimes like terrorism, human trafficking, financial crimes and drug smuggling on an unprecedented scale. It aims to make the prevention and response to cybercrime more effective by strengthening international cooperation, technical assistance and capacity building, particularly for developing countries.

It aims to make the prevention and response to cybercrime more effective by strengthening international cooperation, technical assistance and capacity building, particularly for developing countries.

Some highlights of the Convention:

  • It is the first global framework for the collection, sharing and use of electronic evidence for all serious offences. Until now, there have been no broadly accepted international standards on electronic evidence;

  • It is the first global treaty to criminalize cyber-dependent crimes and also offences related to online fraud, online child sexual abuse and exploitation material and online grooming of children;

  • It is the first international treaty ever to recognize the non-consensual dissemination of intimate images as an offence;

  • It creates the first global 24/7 Network where countries can quickly initiate cooperation; and

  • It recognizes and promotes the need to build capacity in countries to pursue and cooperate on fast-moving cybercrimes.

All information on the The Signing Ceremony may be found on the official website.(20)See https://hanoiconvention.org

I was in 2022 appointed by the United Nations as a Civil Society Delegate to the Ad Hoc committee and followed the Signing Ceremony very closely online. A book is published in Norwegian text in 2025.(21)See https://bokhandel.kolofon.no/b/fn-konvensjon-om-cyberkriminalitete-bookhttps://www.norli.no/boker/fn-konvensjon-om-cyberkriminalitet-9788230028667

Noter

  1. See https://undocs.org/A/Res/74/247
  2. See https://www.unodc.org/unodc/en/cybercrime/cybercrime-adhoc-committee.html
  3. See https://www.unodc.org/unodc/en/cybercrime/ad_hoc_committee/ahc_reconvened_concluding_session/main
  4. See https://documents.un.org/doc/undoc/gen/v24/056/82/pdf/v2405682.pdf
  5. See https://documents.un.org/doc/undoc/gen/n24/372/04/pdf/n2437204.pdf
  6. See https://docs.un.org/en/A/RES/79/243
  7. See https://www.unodc.org/unodc/en/press/releases/2024/December/un-general-assembly-adopts-landmark-convention-on-cybercrime.html
  8. See https://www.interpol.int/News-and-Events/News/2024/INTERPOL-welcomes-adoption-of-UN-convention-against-cybercrime
  9. See https://law.yale.edu/yls-today/news/panel-shares-insights-drafting-new-un-cybercrime-treaty
  10. See https://www.unodc.org/unodc/en/cybercrime/convention/convention-against-cybercrime-chapters.html
  11. See https://www.unodc.org/unodc/frontpage/2024/December/five-reasons-why-the-new-cybercrime-convention-matters.html
  12. See https://home-affairs.ec.europa.eu/news/commission-proposes-sign-and-conclude-un-convention-against-cybercrime-2025-07-16_en
  13. See https://hanoiconvention.org/vietnamese-state-presidents-welcome-remarks-at-signing-ceremony-of-un-convention-against-cybercrime/
  14. See https://www.unodc.org/unodc/frontpage/2025/October/seventy-two-nations-sign-first-un-treaty-to-fight-cybercrime--in-milestone-for-digital-cooperation.html
  15. See https://hanoiconvention.org/statement/provisional-list-of-speakers-in-the-plenary/
  16. See https://hanoiconvention.org/statements/
  17. See https://therecord.media/us-declines-signing-cybercrime-treaty
  18. See https://www.unodc.org/documents/Cybercrime/AdHocCommittee/RoP_session/Comments_by_MS_06062025/US_RoP_of_the_UN_Convention_against_Cybercrime_11_June_2025.pdf
  19. See https://www.unodc.org/unodc/en/press/releases/2025/October/un-convention-against-cybercrime-opens-for-signature-in-hanoi--viet-nam.html
  20. See https://hanoiconvention.org
  21. See https://bokhandel.kolofon.no/b/fn-konvensjon-om-cyberkriminalitete-bookhttps://www.norli.no/boker/fn-konvensjon-om-cyberkriminalitet-9788230028667
Stein Schjølberg